07 July 2014

Update no.655

Update from the Heartland
No.655
30.6.14 – 6.7.14
To all,

For several years, I have been unable to make a desired bike ride to Abilene Kansas, for one reason or another, and several aborted attempts.  Well, the trip finally happened on Wednesday.  The root objective was a visit to the Dwight D. Eisenhower Presidential Library and Museum complex to satisfy my curiosity and tap a comprehensive research source.  The weather was perfect – not too hot, not too cool, with clear skies and light winds.  I chose to take back roads to get there – best to enjoy the ride and countryside.  One of the many pleasures associated with riding a motorcycle is feeling the air – smelling the earth, freshly mowed grass, the occasional skunk, and less frequently, the distinctive aroma of crude oil pumped from the ground.  Well maintained roads as straight as arrow through fields of harvested wheat, corn growing tall, soybeans and milo reaching for the Sun, and of course miles of prairie grassland with cattle in good health.  Hawks soared above the field searching for their next meal.  The artifacts of human presence beyond the roadway, plowed fields and fences, offered a wide range from derelict barns to magnificent, multi-story works of practical art, and from single-wide, pre-fabricated dwellings to beautiful homes verging on mansions.  Of contemporary note, several towns boldly displayed markedly Christian affiliation in their welcome signs and monuments. So, enough of the travelogue, the purpose of the ride was the library.  Unfortunately for my purpose, the museum was closer to the parking lot.  The facility contained a wealth of artifacts of the era as well as facts that I spent too much time taking note of for my files.  The National Archive manages the presidential library, like the libraries of other presidents, with controlled access.  I applied for my research credential and met with the chief archivist who was amply helpful, well beyond my expectations for my first visit.  I will say mission accomplished . . . and I had fun doing it.  I highly recommend the Abilene Eisenhower complex for anyone who appreciates history and especially Ike’s contribution to world history.

This is also the time of year Americans celebrate their independence from Mother England, 238 years ago.  This year was rather low key for us.  All of our children and their children were off celebrating elsewhere.  So, it was just Jeanne and me, along with our friend Cindy who joined us for the evening.  As always, Jeanne made a simple but delicious meal.  Then, we sat out by the lake’s edge to enjoy the annual celebration of “the rocket's red glare, the bombs bursting in air” – it is always a pretty good, individual, fireworks show, although not as organized as commercial offerings.  We missed the family gathering, but enjoyed the day with what we were given.

I must say, this damnable World Cup thing has been putting a serious crimp in my capacity for the last month, and it is not over, yet.  The skill, excitement and drama does not disappoint – the United States heartbreaking loss to Belgium, the terrible injury to Brazil’s Neymar (that deserved a red card, in my humble opinion), and yesterday evening’s extra time shoot-out to put Netherlands through to the semi-finals.  The three remaining matches should be worthy of the beautiful game.
            In closing this topic, I must say the propensity of professional, male futballers to take dives with all that drama, writhing on the ground in an attempt to draw a penalty or card for the other team, is really getting to be quite irritating and detracting from the game.  Players are supposed to be penalized for diving, but I have not seen or heard of one such penalty in this year’s quadrennial futball competition.  Personally, I think an immediate, off-field, video review should be conducted, and players like the Netherlands Forward Arjen Robben should be removed from the match.  Playing one or two men down for the remainder of the match should stop diving promptly.

Congratulations must go to Admiral Michelle Janine Howard, USN [USNA 1982] for her promotion to 4-star rank and assignment as Vice Chief of Naval Operations – the No.2 position in the U.S. Navy.  Howard is the first admiral selected from the U.S. Naval Academy class and the first female graduate of the Naval Academy selected for flag rank.  Well done, Admiral!  Godspeed and following winds, Admiral Howard.  By the way, she is married to a former Marine.

In another flurry of Supreme Court rulings at the end of their session, the Court further expanded the rights of citizenship for corporations with their decision in the case of Burwell v. Hobby Lobby Stores [573 U.S. ___ (2014); no. 13–356].  The Press reports are not particularly comforting.  Since I have not yet read the various, associated opinions of the justices in the case, I shall reserve my perspective and opinion until I can do so.
            As if to add a definitive punctuation mark on Hobby Lobby, the Court declined to review the appeal in the case of Wheaton College v. Burwell [573 U.S. ___ (2014); no. 13A1284], essentially affirming the decision of the Appeals Court for the District of Columbia and including religious-based colleges in the rights and privileges definition.
            Two derivative opinions may be useful for this debate.
“The common thread of Supreme Court decisions: You’re on your own”
by Paul Waldman
Washington Post
Published: June 30 [2014]
and
“In Hobby Lobby ruling, the Supreme Court uses a ‘fiction’”
by Dana Milbank
Washington Post
Published: June 30 [2014] at 9:27 PM
On our own, indeed!

Several readers of this humble forum sent along various Press clippings of the recent rejection by the National Transportation Safety Board (NTSB) of a petition to reopen the investigation into the TWA Flight 800 incident [17.July.1996].  The first article was:
“NTSB declines to reopen review of TWA Flight 800 crash”
by Glenn O'Neal
USA TODAY
Published: 7:19 p.m. EDT; July 2, 2014
 . . . to which, I responded to the first submittal:
I would not be so hard on the NTSB.  They were most likely given explicit instructions to assess the public information and forget about any classified data.  There was enough evidence tampering to suggest key pieces of evidence were mislabeled or went missing altogether.  I'm convinced the NTSB did the best they could with the information they were allowed to use.  I'm afraid we will have to wait for the USG classified data to be declassified, which may well be 50 years hence, i.e., 2046.
"That's just my opinion, but I could be wrong."
Postscript: The TWA Project 800 Group petition presents a comprehensive, cogent argument with new analyses and assessments, but they were apparently not sufficient to stimulate the NTSB.  The USG has no interest in reopening this particular investigation.  Until we can all see ALL of the data associated with this incident, we will not know the truth.
FYI: The hypothesis presented in our book – TWA 800 – Accident or Incident? – remains valid, relevant and the best hypothesis based on the evidence publicly available.  The petition complements the EPIX Channel on TWA Flight 800 program [601] broadcast last year.  I remain convinced we will eventually know the truth.  I hope we were wrong in our assessment, because if we were even close to the truth, the USG did NOT handle the investigation well and the U.S. (world) airline industry and ultimately the flying public will pay an enormous price for the incomplete NTSB analysis.

News from the economic front:
-- The European Central Bank (ECB) governing council decided to leave its main refinancing rate at 0.15% and to continue charging a 0.1% fee on banks’ deposits above a certain threshold, despite inflation remaining extremely low across the eurozone.
-- The Labor Department reported the U.S. economy added 288,000 jobs in June, while May’s jobs gain was revised up to 224,000 from 217,000, and April’s employment gain was increased to 304,000 from 282,000. The nation's unemployment rate dropped to 6.1%.
            So many persisted in condemning President Obama for “causing” and “prolonging” the Great Recession, and not doing enough to end the recession.   Will those who condemned President Obama during the dark days of Great Recession, now praise him?  I think it only appropriate we give the President at least some modicum of credit for improving employment and the economy of this Grand Republic.

Comments and contributions from Update no.654:
Comment to the Blog:
“The short answer on ‘duality’ versus ‘non-duality.’ The important part is that duality demands an ‘other,’ an opponent of some kind. What we seek is what we find.”
My response to the Blog:
            Re: duality.  Ahso!  “The Other” has been used for millennia to consolidate support . . . the revealed religions perhaps the most accomplished historically with the technique.  Adolf Hitler, with the assistance of his propagandist Paul Joseph Goebbels, was perhaps the most accomplished politician with the technique.
            Re: “What we seek is what we find.”  It is a common failing of the intelligence process or investigatory procedure.
 . . . follow-up comment:
“The use of duality is by no means limited to the revealed religions, although they probably drive it as a feature of societies. That was my original point about the U.S. spy community, as well as all other spy and military communities. If there were no enemy, there would be no point in their existence as such. Thus, my comment about your article regarding Putin's intentions. Its author and his kind need an enemy, and they have found a new one. I am by no means stating that nothing threatens the U.S. or any given nation, but we ought not to accept too quickly the conflicts raised by those in the business of conflict.”
 . . . my follow-up comment:
            Re: duality.  With respect, I believe you misunderstand both the intelligence and military communities . . . at least in the United States and European Union.  The task for the IC is to watch everyone, to avoid surprises and especially 12/7’s or 9/11’s. 
            I’m not sure how you think the IC or DoD “create” enemies to justify their existence?
            To use intelligence material properly, one must understand the process from collection to analysis.  I also might add, there are great lessons in our failures.  There are also significant lessons in history like the genesis of the OSS and CIA.

Continuation on the 2nd Amendment discussion:
Round four:
“First, ‘some zealous bureaucrat, politician, or prosecutor’ exists in relation to any given law or regulation. We seem to be living through it. I concern myself more with the corrupt than the zealous, but we have survived them too for over 200 years.
“The simplest way to choose regulations would be to copy successful nations in the beginning, then modify to suit the conditions here. Canada might be the best example for us. They have a notably high rate of firearms ownership but much less death and injury from those weapons. Others can be found. Switzerland has compulsory military service somewhat resembling the Founders' intent and a peaceful culture. Israel has high weapons ownership, but their situation and culture probably make them a lesser role model for us.”
My response to round four:
            Corruption is a universal and perpetual concern with government officials at all levels, in all branches, and in all countries. 
            Over-zealous-ness seems to be a feature associated with emotional laws, of which firearms regulation is one.
            You may recall the central issue in District of Columbia v. Heller [554 U.S. 570 (2008); no. 07-290; 26.6.2008] [342] was the unconstitutional prohibition of private, in-home, firearm ownership.  Two years later, the Court decided McDonald v. Chicago [561 U.S. 742 (2010); no. 08-1521; 28.6.2010] [448] that the 2nd Amendment applied to states and cities.  The central issue in McDonald was the denial of an application of a citizen for a license to buy a pistol for private, in-home protection.  These are precisely the worries of those of us who distrust the ability of any bureaucrat to faithfully apply the law – give him an inch he will take 50 miles.  Then, an innocent, law-abiding, peaceful citizen will have to spend years and large amounts of money to reign in that overzealous bureaucrat.
            I am only peripherally familiar with the firearms laws of Canada, Switzerland and Israel.  My limited understanding of their laws is certainly like what it should be here.  Again, to my understanding, all three nations are markedly more socialist than the United States, which may well make that a bridge too far in this Grand Republic.  If you know any details about their laws, I would like to hear your perspective.
Round five:
“Let us remember that I am an amateur historian, not a professional attorney. I do not have the time, ability, or interest to research case law in depth and find countervailing precedents. Also, recent case law does not serve the cause of originality very well unless one believes that the Supreme Court making these decisions was faithful to the original intent of the Framers. I have no such belief. I cannot read the Second Amendment in such a way as to guarantee firearms for personal use without restraint.
“I have not yet done any serious research into other nations' firearms laws. All I really know is that firearms do much less damage in Canada, Switzerland, most of Europe and Japan. A passing item I saw somewhere cast doubt on Israel's success at internal peace.
“Using the term ‘socialist’ in that pejorative sense does not interest me. In no place does the Constitution state that the United States is established primarily to support the interests of capitalists. The U.S. is presently deficient in volume as well as quality of governance these days, and I am not a Libertarian. I suspect that a majority of Americans are pretty much over that one regardless of the spewings of Fox News and worse.”
My response to round five:
            Re: 2nd Amendment.  The interpretation of the law remains the domain of the Judiciary; yet, understanding the law is essential to good citizenship, in my humble opinion.  I make NO claim to being even a novice or apprentice judge, but I do have an enthusiastic curiosity about the law, especially those laws that are closest to affecting our lives.  The 2nd Amendment jurisprudence is one of those areas.  I acknowledge there are some who espouse no restraints of firearm possession or brandishment.  I am not one of that minority.  The Supremes have a long history of recognizing that constitutional rights are not boundless or without limitation; every right has some form of restraint.  The issue has always been where do we draw the line on appropriate and proper restraint on the 2nd Amendment.
            Re: other nations’ firearms laws.  Perhaps, they deal with mental illness far better than we do.
            Re: socialism.  Indeed!  Agreed.  However, the Constitution and U.S. common law clearly support free and open commerce.  I offered the observation not as commentary on worthiness, only a representation of U.S. political leanings.  The calcification of Congress has irritated quite a few citizens; yet, only the vote matters; and, I will prognosticate that a substantial majority of incumbent federal representatives and senators will be re-elected, rather than shown the door.  Bottom line . . . I guess the majority of citizens are not irritated enough . . . hell, barely half of citizens actually vote.  ‘Nuf said.
Round six:
“Obviously, we need to study how safer nations conduct their societies in some depth, not limiting ourselves to one aspect, such as firearms. Prior to that study, I suspect we will find that successful countries address both mental health and firearms more constructively. The balance of those together with other aspects should be instructive.
“The important statement in your response concerns voting apathy. However, it is wise to note that voters have roused themselves at key points in the past, and the ensuing changes always came as surprises to those entrenched in power. Perhaps the voters are growing ‘irritated enough’ as middle class people fall into poverty and discover how abominably the poor are treated in real life as opposed to what pundits have told them.”
My response to round six:
            Re: societal study.  Indeed and agreed!  We can learn from others’ success.
            Re: voter apathy.  Perhaps.  We can only hope the citizenry is encouraged to action . . . to end this damnable intransigence and calcification in government at all levels, and especially the federal government.

My very best wishes to all.  Take care of yourselves and each other.
Cheers,
Cap                        :-)

2 comments:

Calvin R said...

I am glad you were able to reach the Eisenhower Library and do your research. Your learning will surely improve this blog and your other writings. Going there by motorcycle surely increased the rewards of that. I have been riding my bicycle for recreation as well as for transportation recently. The rewards of our off-road trail system here in Ohio parallel those of your road ride to a large degree.

I have not yet acquired the patience to learn soccer, but I remain aware that it is the dominant sport in the balance of the world. I was actually taught that fact as part of my college course work.

I agree with your linked articles on the Hobby Lobby decision. The Supreme Court has turned its basic Constitutional responsibility upside down. Rather than protect the weak from predation by the strong, they are “protecting” those who need no protection from those who already have little or no power. Justice Alito's notion that corporate personhood somehow protects the rights of the natural people running the corporations does not hold up in law or in morality. Justice Ginsburg effectively demolished that in her dissenting opinion. Probably our best hope for returning to the rule of law is that the more partisan Justices will retire or, in the case of Justice Thomas, be driven from office through scandal. They could then be replaced by more law-abiding Justices if Obama were to act as a Democrat.

The Hobby Lobby decision by its existence also highlights how sad and silly is the US way of paying for health care. Here in the United States we pay more for health care than any other nation but we come in thirty-ninth in health results. The nation as a whole is not acting in a capitalist mode, or we would get much more for our money.

How Obama could have caused the collapse of the economy is beyond my understanding. That began before he took office. He may well have prolonged it, though. From my progressive viewpoint, he has continued Bush 43's policy of supporting the criminals who caused the crash and doing little or nothing for those who have lost houses, jobs, and money to the criminals. Those who have money they could use to build the economy will not invest in providing services or goods if the general public has no money to buy their output. We need to resuscitate the middle class and Obama has made no progress with that. Of course, he does not bear the full blame. Congress holds more power to do such things as re-regulate Wall Street or reinstate long-term unemployment benefits, and they do nothing useful.

Cap Parlier said...

Calvin,
Re: Abilene trip. Thank you. Glad y’all have good bike trails. Enjoy.

Re: futball. They call it the beautiful game.

Re: Hobby Lobby decision. I need to read the associated opinions to properly form an opinion. What I see in the Press does not look good to me.

Re: Supreme Court justices. Given the volatility of recent Court decisions and only a couple of years remaining of Obama final term, I doubt he would be able to push through any nomination without a 60-vote majority in the Senate, even the House could make things more difficult.

Re: PPACA. The Hobby Lobby and Wheaton College decisions do add confusion to an already confused situation. It is going to take several years to let the dust settle down from all this.

Re: Obama & economy. The setup for the Great Recession of 2008 began in 1999. The collapse certainly began before Obama was elected. He inherited a mess; yet, some folks still blamed him. I simply said, if we blame him, then let us give him some credit for the improving economy as well. Yes, Congress set it up. We, the People, ultimately pay the price.

“That’s just my opinion, but I could be wrong.”
Cheers,
Cap